Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 14, 2022
CASE NO(S).: OLT-22-002263 (Formerly PL210148)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Manulife Investment Management
Subject: Application to amend Zoning By-law No. 438-86 and Zoning By-law No. 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: CR T4.0 C1.0 R4.0 (Zoning By-law No. 438-86) CR 4.0 (c1.0; r4.0) SS1 (x2550) (Zoning By-law No. 569-2013)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 59-storey mixed use development
Property Address/Description: 625 Church Street
Municipality: City of Toronto
Municipality File No.: 19 263839 STE 11 OZ
OLT Case No.: OLT-22-002263
Legacy Case No.: PL210148
OLT Lead Case No.: OLT-22-002263
Legacy Lead Case No.: PL210148
OLT Case Name: Manulife Investment Management v. Toronto (City)
Heard: April 7, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Manulife Investment Management | David Bronskill |
| City of Toronto | Mark Piel |
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
1Manulife Investment Management (the “Applicant”) applied for a Zoning By-law Amendment to facilitate the construction of a 59-storey mixed-use development (“Proposal”). Appeals were lodged pursuant to section 34(11) of the Planning Act1 (“Act”) after the City of Toronto (“City”) failed to make a decision within the statutory time limit.
2At a previous Case Management Conference (“CMC”) held on June 28, 2021, before a panel of the Tribunal differently constituted, an eight-day hearing was scheduled to commence on March 30, 2022. In advance of the scheduled hearing dates, the Parties advised that they were in the process of working toward an agreement which would resolve the appeal. They requested the Tribunal schedule this CMC for the purpose of providing an update on their efforts in this regard and, if necessary, to schedule a future settlement hearing date.
3The Parties advised that positive progress is being made in efforts to resolve the appeal, but additional time is required to finalize a settlement and bring same before City Council for consideration. The Parties jointly requested the Tribunal schedule a one-day settlement hearing in mid to late June of 2022.
4A one-day video hearing will commence at 10 a.m. on Monday, June 20, 2022. Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
5Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
6Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1 (888) 455-1389 or +1 (647) 497-9391. The access code is as indicated above.
7Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
8The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
9No further notice will be given.
10It is so ordered.
“S. Braun”
S. Braun
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Footnotes
- R.S.O. 1990, c. P. 13, as amended.